TERMS & CONDITIONS
TIMES & USAGE: The event and music shall end one hour earlier than the contracted time to allow all vendors an hour for cleanup. In the event renting party makes unapproved use of the premises before or after the times as stated above, renting party shall pay property owner $350.00 for each hour before the wedding and $750.00 for each additional hour after plus additional expenses for on-site manager unless more time is paid for, and pre-approved in writing by property owner (2) weeks prior to the event. Under no circumstances will the terminating time extend beyond (1) hour than the above stated times.
PREMISES: The Property owner hereby grants unto the Renting party the right to use portions of property located at:1300 Scull Rd. San Marcos, TX 78666 in Guadalupe County,
HOURS OF OPERATION:
Sunday – Thursday 12:00PM until 11:00 PM Music ends at 10:00 PM.
Friday & Saturday 12:00PM until 12:00 AM Music ends at 11:00 PM.
USE FEES AND DEPOSITS: Renting party hereby agrees to pay to the Property owner, at its offices at 1300 Scull Rd. San Marcos, TX 78666, for use of the premises. There is a refundable standard usage fee of $750.00 that is refundable if there is no damage to the properties and surroundings and it is left in the same condition as originally rented. There is a $1000 deposit and is due when you sign the contract to secure your date. The remaining balance is split into two payments: The first payment of the remaining balance is due (90) days prior to the event. The second and final payment of the remaining balance is due (21) days prior to the event. If the first payment has not been received by Property owner sixty (60) days before the event date, the event is considered cancelled, and Renting party is not entitled to any refunds. The standard usage fee of $750 is eligible for a refund.
CANCELLATION: Renting party is given a grace period of (7) days from the date of this agreement to cancel the event with no penalty. After that time, Renting party forfeits the entire Security Deposit payment, however, the standard usage fee will be refunded. In the event that Property owner must cancel due to non-payment on the part of Renting party, or Renting party decides to cancel (120) days prior to the event, Renting party forfeits the entire Security Deposit, and Renting party is responsible for the balance of the contract. The standard usage fee will be refunded. Property owner reserves the right to cancel the event any time prior to the event due to circumstance out of their control such as but not limited to fire, destruction, accidents, acts of God, legal issues. Should Property owner cancel due to above circumstances refunds will be handled through Property owner’s insurance company.
NO DEFACING OF THE PREMISES: Renting party will not cause or permit any nails or other objects to be driven into any portion of the Premises or the building, nor cause or permit any changes, alterations, painting or staining of any part of the Premises or the furnishings or equipment, nor do, or allow anything which will damage or change the finish or appearance of the Premises or the furnishings. Renting party shall be responsible for and shall pay the cost of repairing any and all injury and damage which may be done to the Premises or any of the fixtures, furniture or furnishings in or on the Premises by any act of Renting party or any of Renting party’s employees or agents or anyone visiting the Premises on account of the Renting party including the patrons of the event for which Renting party is using the Premises invited or not. It shall be Renting party’s responsibility to ensure that all uninvited or unwanted persons are asked to leave. It is expressly agreed that the Property owner shall determine whether any such damage has been done, the amount thereof, and the reasonable cost of repairing the same, and whether it is one for which, under the terms of the Agreement, Renting party is to be held responsible. The decision of the Property owner, when made in the sole discretion of Property owner, shall be final. Property owner may deduct from Renting party’s security deposit any expenses it incurs repairing any damage caused by Renting party, its agents, employees or invitees.
DOCUMENTATION: Renting party must present insurance verification of all vendors, including coordinators and a copy of the catering contract for head count verification. Verification information shall include the vendor’s onsite contact name and cell phone number and should be submitted to Property owner no less than thirty (30) days prior to the event. If any changes to the vendor list or head count are made after the (30) days prior to the event the Renting party must notify Property owner within two weeks of the event, either by phone or during the final, “2 week” consultation for approval. A meeting at Property owner’s location or a phone consultation is required (2) weeks prior to the event to verify all documentation.
INSURANCE: ALL VENDORS HIRED TO WORK AT PROPERTY OWNERS LOCATION ARE REQUIRED TO HAVE A MINIMUM OF ONE MILLION DOLLARS IN LIABILITY INSURANCE, AND INDIMNIFY AND HOLD HARMLESS PROPERTY OWNER ON THEIR POLICY AND PROVIDE PROPERTY OWNER A COPY OF THE INSURANCE POLICY. RENTING PARTY IS REQUIRED TO HAVE A MINIMUM OF ONE MILLION DOLLARS IN LIABILITY INSURANCE, (DAY OF INSURANCE) FOR THE EVENT AND INDIMNIFY AND HOLD HARMLESS PROPERTY OWNER ON THE POLICY AND PROVIDE PROPERTY OWNER A COPY OF THE INSURANCE POLICY. THIS INSURANCE IS GENERALLY INEXPENSIVE AND MOST OF THE TIME CAN BE PURCHASED THROUGH A HOME OWNERS POLICY, OR OTHER INSURANCE COMPANIES.
RENTING PARTY’S ACCESS: During the term of this Agreement, Renting party shall have access to, and the right to use the designated reception hall (Tent), including the bride and grooms rooms, caterers prep area, ceremony sites, designated lawn & patios, rest rooms, water pond, parking lot on the premises, and other open areas. Water Pond access and use for the purpose of taking photos are at the Renting party own risk, and access to the Water Pond by guests and children is strictly prohibited. Renting party shall not have a right to use or access any other facilities on the Premises other than those specified above, unless these other properties have been paid for, rented or approved for use by the Property owner (2) weeks prior to the event. Renting party is responsible for leaving all of the Premises in a state of good repair and cleanliness.
PETS: Domestic pets like dogs or service animals are allowed as long they belong to the immediate family of the Renting Party. No other pets are allowed on the property at any time. The Renting Party is solely responsible for full financial and moral liability inflicted by the pet regardless of circumstances. Renting Party must maintain physical control of the pet at all times and NEVER leave the pet unattended. Pet owners accept full responsibility for cleaning up after the pet and liability for damages to the property or injury to persons from the pet. The Owner will be held harmless from any act resulting in harm to your pet, another animal or person.
INDEMNIFICATION: RENTING PARTY AGREES TO INDEMNIFY AND HOLD THE PROPERTY OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM ANY ACT, OMISSION OR NEGLIGENCE OF RENTING PARTY, RENTING PARTY’S AGENTS, EMPLOYEES, INVITEES OR ANY OTHER PERSON PRESENT BECAUSE OF RENTING PARTY OR REPRESENTATIVES ASSERTED BY ANY PERSON ON ACCOUNT OF ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY INCURRED DURING RENTING PARTY’S USE OF THE PREMISES, ON OR ABOUT THE PREMISES, OR ARISING OUT OF RENTING PARTY’S USE OF THE PREMISES IN CONNECTION WITH THIS AGREEMENT. RENTING PARTY AGREES TO DEFEND THE PROPERTY OWNER, AT RENTING PARTY’S EXPENSE, FROM ANY SUCH CLAIMS, DEMANDS, OR CAUSES OF ACTION WITH AN ATTORNEY REASONABLY SATISFACTORY TO THE PROPERTY OWNER.
LAW OBSERVANCE: Renting party shall comply with all laws of the United States, and of the State of Texas, Guadalupe County, and all other applicable laws, and will obtain and pay for all necessary permits and licenses, and will not do, nor allow to be done, anything on the Premises during the term of this Agreement in violation of any such laws, ordinances, rules or requirements.
APPLICABILITY OF CONTRACT: Renting party agrees to abide by the contract in connection with its use of the Premises. Any exceptions to the contract must be granted by the Property owner in writing. Property owner reserves the right to cancel event if contractual obligations are not met by Renting party prior to event
ATTORNEY’S FEES: In the event the Property owner requires the services of an attorney to pursue any of the remedies available under this Agreement against the Renting party, including the filing of a lawsuit and Renting party is determined by a court of competent jurisdiction to be in default hereunder, the Renting party shall pay all costs and expenses, including, but not limited to, reasonable attorney’s fees, incurred by the Property owner in the enforcement of this Agreement.
ENTIRETIES: Should any clause, paragraph, sentence or section of this Agreement be determined to be void, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall not be rendered void and unenforceable as a result but rather shall remain in full force and effect.
AMENDMENTS: No amendment or change to this Agreement shall be effective unless made in writing and signed by both parties.
NOTICES: Unless otherwise provided herein, any notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by email to Property owner at firstname.lastname@example.org and to Renting party at the address appearing below and shall be deemed received as of the date of actual receipt.
VENDORS: Property owner requires prior approval of all vendors not on our Approved Vendors List (90) days prior to the event. Renting party is responsible to inform all contracted vendors of the rules and regulations of this contract. All vendors must provide proper insurance as well.
ALCOHOL REQUIREMENTS AND RESTRICTIONS: Alcoholic beverages shall not be sold on the Premises under any circumstances; this precludes alcohol beverages offered by donation. The Renting party is responsible for their purchase of alcohol. The Renting party must surrender all alcohol brought onto the premises to the TABC certified and insured Bartenders at Property owner’s facility or to a representative of the Property owner prior to the event. All alcohol must be served by the TABC certified and insured Bartender. Renting party must pay the TABC certified and insured Bartenders for any additional requested expenses, services or merchandise not outlined in Addendum II. Renting party cannot contract Bartending Services out to any other type of company that may serve any type of liquor, including catering companies. Catering companies are not allowed to serve alcohol on the premises.
Individuals under the age of (21) or without proper I.D. will not be served. No shots are allowed, with the exception of one shot being used as a toast during or before dinner, and those shots must be served by the TABC certified and insured Bartenders. Serving of all hard liquor must end (30) minutes prior to departure time, and serving of all alcohol ends (15) minutes prior to departure time, unless requested to end earlier. No additional alcohol may be brought in during an event, even if the alcohol runs out before the event is over. Open alcohol containers cannot be taken from the premise the day of the event. Unopened alcohol containers can be taken only if they are placed in the back of one vehicle, or sent with a coordinator. Open alcohol containers can be picked up the next day before 12:00 noon. If open alcohol is not picked up by 12:00 noon the alcohol will be discarded. The renting party or designated representative of renting party is required to sign a responsibility release form prior to taking possession of alcohol from bartender. Renting party or designated representative to receive alcohol at the end of the event:
RENTALS, TENTS & DECORATIONS: Rentals can only be delivered during the (10) hour rental contract period. Rentals must be picked up after the event, but before the end of the contract rental time. No items may be stored at Property owner’s location outside of rental time. Any items left after the event will be considered trash and will be removed. Renting party must coordinate tent placement time and location with Property owner. This must be done at least (2) weeks prior to the event. No staked tents are allowed: water barrels are allowed to support tents. All tents must be broken down before the end of Renting party’s contracted time. Caterer and Renting party should allow an extra half hour or more of cleanup time for this activity. Any exceptions must be agreed upon between Property owner and Renting party two weeks prior to the event.
HEADINGS: The paragraph headings contained herein are for convenience in reference and shall not be construed as substantive provisions of this Agreement.
VENUE AND GROUNDS REQUIREMENTS & RESTRICTIONS: Questions or comments regarding the facility requirements should be addressed to the Property owner prior to the event. Renting party is responsible for the actions of all vendors hired by renting party.
There is room for approximately (150) standard vehicles and 5 handicapped vehicles or 2-3 buses at the facility. Guests may park in designated parking area only and cannot block gates or streets. When there are over 150 guests Renting party requires a parking attendant either provided by the Renting party or contracted through the Property owner at the two-week walkthrough if Renting party is not providing guest busing services. All guests should be encouraged to carpool when coming to the event. All Vendors must park in the vendor designated parking areas away from the main parking lot. Property owner is not responsible for any items lost, damaged or stolen during Renting party’s use of the facility. Property owner reserves the right to cancel the event if contractual requirements are not met by Renting party prior to the event.
Guests who do not respect the Grounds or the venue will be discreetly escorted from the facility. An adult must accompany children under the age of 12 years at all times. NO CHILDREN ARE ALLOWED NEAR THE POND WITHOUT THEIR PARENT OR GUARDIAN. NO PETS ARE ALLOWED ON THE PROPERTY. NO FIREWORKS ARE ALLOWED. All landscaping flowers and plants that are part of the venue are not to be removed or damaged.
ADDENDUM 1 – Basic Bartending Services
*** Property owner will provide Renting party a Basic Bar Tending Package that consists of the following***
Bartenders will show up (1) hour before ceremony time for set up. (5) hours total. Any hours above (5) you will need to contract with the Bartenders separately. Renting party must pay the Bartenders for any additional requested expenses, services or merchandise not outlined in this Addendum.
Venue Bar use by Bartender
- 2 TABC certified and insured Bartenders
- Only one bar can be open at any given time unless additional services are contracted with the
Other services, non-alcoholic beverages, glassware and condiments can be purchased through the Bartender. These items are not provided through the property owner. All alcohol is to be provided by renting party. Contact Bartenders for information for Pre-purchase and storage of alcohol. All alcohol must be served by the TABC certified and insured Bartender. Serving of all hard liquor must end (30) minutes prior to departure time. Serving of all alcohol ends 15 minutes prior to departure time, unless requested to end earlier. NO SHOTS ARE ALLOWED.
AUDIO SPECIFICATIONS, USE & RESTRICTIONS: Property owner DJ’s will create a playlist that matches your personality and music preferences. Our services will provide an entire turn-key system for a (7) hour period. One hour is for setup. For additional hours contact assigned DJ for pricing. Property owner has a pre-installed Audio System featuring state of the art equipment that will provide our clients a professional DJ experience for their event. Property owner does allow bands at this facility with prior approval. Should you hire an approved band; the DJ will remain on contract to provide ceremony & cocktail music as well as fill in during band breaks and run the audio system. Property owner does not allow music to exceed 95-100 decibels inside the ENCHANTED RANCH tent, and all doors have to remain closed while music is being played.